[Federal Register: August 17, 2007 (Volume 72, Number 159)]
[Rules and Regulations]               
[Page 46175]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au07-15]                         

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Medicare & Medicaid Services

42 CFR Part 402

[CMS-6146-CN2; CMS-6019-CN]
RINs 0938-AM98; 0938-AN48

 
Medicare Program; Revised Civil Money Penalties, Assessments, 
Exclusions, and Related Appeals Procedures; Correction

AGENCY: Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION: Correction of final rule.

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SUMMARY: This document corrects a typographical error that appeared in 
the final rule published in the Federal Register on July 20, 2007 
entitled ``Medicare Program; Revised Civil Money Penalties, 
Assessments, Exclusions, and Related Appeals Procedures.''

DATES: Effective Date: August 20, 2007.

FOR FURTHER INFORMATION CONTACT: Joel Cohen, (410) 786-3349. Joe 
Strazzire, (410) 786-2775.

SUPPLEMENTARY INFORMATION: 

I. Background

    In FR Doc. E7-13535 of July 20, 2007 (72 FR 39746), there was a 
typographical error that is identified and corrected in the Correction 
of Errors section below. The provision in this correction notice is 
effective as if it had been included in the July 20, 2007 final rule. 
Accordingly, the correction is effective August 20, 2007.

II. Correction of Errors

    In FR Doc. E7-13535 of July 20, 2007 (72 FR 39746), make the 
following correction:


Sec.  402.105  [Corrected]

    1. On page 39752, in the 3rd column, in the 5th paragraph, the 
amendatory statement for Sec.  402.105(d), the phrase ``redesignate 
paragraph (d)(1)(xix) as paragraph (d)(1)(ix)'' is corrected to read 
``redesignate paragraph (d)(2)(xix) as paragraph (d)(2)(ix).''

III. Waiver of Proposed Rulemaking

    We ordinarily publish a notice of proposed rulemaking in the 
Federal Register to provide a period for public comment before the 
provisions of a notice such as this take effect in accordance with 
section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 
553(b)). We also ordinarily provide a 30-day delay in the effective 
date of the provisions of a notice in accordance with section 553(d) of 
the APA (5 U.S.C. 553(d)). However, we can waive both the notice and 
comment procedure and the 30-day delay in effective date if the 
Secretary finds, for good cause, that a notice and comment process is 
impracticable, unnecessary or contrary to the public interest, and 
incorporates a statement of the finding and the reasons therefore in 
the notice.
    We find it unnecessary to undertake notice and comment rulemaking 
because this notice merely provides a typographical correction to the 
regulations. We are not making substantive changes to our regulations, 
but rather, are simply correcting a typographical error. Therefore, we 
believe that undertaking further notice and comment procedures to 
incorporate this correction into the final rule is unnecessary and 
contrary to the public interest.
    Further, we believe a delayed effective date is unnecessary because 
this correction notice merely corrects a typographical error. The 
correction does not make any substantive changes to our regulations. 
Moreover, we regard imposing a delay in the effective date as being 
contrary to the public interest. Therefore, we find good cause to waive 
the 30-day delay in effective date.

(Catalog of Federal Domestic Assistance Program No. 93.773, 
Medicare--Hospital Insurance; and Program No. 93.774, Medicare--
Supplementary Medical Insurance Program)

    Dated: August 10, 2007.
Ann C. Agnew,
Executive Secretary to the Department.
[FR Doc. E7-16167 Filed 8-16-07; 8:45 am]

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